Daily Republican., 1887-12-03
COURT PRoCEEDIsGs,
The Case of Mccartney, Ksnney a. %
Va Fraocis L. Buck 81 90 to Recover
for Goods Furnished the Academy OF
Music.


Va Fraacis L. Buck 81 % to Recover
for Goods Furnished the Academy OF
Music.
Court resumed proceedings a. 8
O'Clock yesterday afternoon with oil n.
judges present. Immediately after the
opsning the trial OF the Mccartney,
Kenney & Co. vs.. Buck g. Co. case was
resumed.
| Elwood Boulder was sworn, and teuti.
fed that he designed the interior deco
rations OF the Academy OF Music, IN.
GLIDING the curtain, drop curtain, sc.
He considered these interior decosa.
tions part OF the building and Just as
necessary rs an7 other part. Pne z oods
and material furnished oy McOartney,
Kenney q Co. were used in that build.
ing for making and forming the decora
tons, the work having been done by
the witness
L. p. Buck & Co were the owners Oh
lreputed owners at tho time the witness
did the work,
Isssc A. Fighter testified that ne car
rled on n segar factory at Ninth and
Market streets, aud is also Stage car
pentsr. He mas been engaged in tai,
bnsinees fer the past thirteen years o.
the Opera House, bnt spent one seasoI
ct the Academy of Mnstc. The ma
teTiAl furnished by Mccartney, BenreJ
& Go. was, In tue ociniou OF the wit
nsss, necessary ~ comp.st0 th9 intsriol
Of the buiicina.
Mr.. Vandcgg.it had deed book IN
brought In coui. TO show that GU Fsbru
ary 10, 1856, the Academy WAS By dee,
conveyed TO D5Usveu Morris an1 wife
He offered This In evidence but MIR
Hayes objected. ON the ground that Il
was irrsvelaut, bat the objection We
overruled, and the book Was offered IL
, evidence. Mr.. VanteSrift tlen en-
nouncId that he would rest MS oese.
/. Mr.. Hayes moved fos non salt or
6 tho ground that while she pIaintitis bs'
Iproduced D deed for lsI on Dslawar
avenue, thty hsd fsile ! TO proiuce an!
evidence to chow that Dailding ha'
I ever besu erecsed on the lot; also, tina
. . no evidence, except that Of Me. Kenuey
II mad b 4rn adducad TO show tho amour
OF the claim.
The i:lotIon for uon sult was denie
n by the court withou; argument.
Mr. Johns1n thon opsaed the cas-
= for the deiansa to the jury, and aftt
n stating ,hH facts ft0u his saandp0in
= read y letter dated November %, 1S8
from kCCArtuey, Keune2 x Do, 10
II P. Buck, calling attention t0 samples
[ goods sent BY b arer, and PigtaE pEtc
of carpe', 81, Also IL Letter from IL
sana fro to L. p. Rur- 81 o., oiierir
to accept their note ~ three months +
amount of bill. This was ds.sd h
v1mber 25
He alFo produce | q cbeoE FOR 81, 10
dated December 4th, 1885, drawn
L p. Buck In favor OF McC9rtne
If Renney & Co., with recaip' for sam
- and "a writ of Ieplevin iA.ed Echruai
&c Gath, 1856, for the plush, csrpeSs, etC
N with bond On same. all OF whtcn
10 offered in evidence.
ie Frsncis l. Buck vac sTorn, and u
tiled thas Mr KAnney informed nj
g that he needed some money for tie 10
teria., and that he gave him his ch8i
re for 81 100 with the understanding tn
r it was u be uted III paying for {
plush.
E. George W. McCanlley was oslled
az the gtaad, ard Mr.. Vaniogri't object
TO hia testimony on the ground that
le was an Interested witness, bat he q "a
n words Withdrew tho objection. I
witness then testified that he plaster
the building, nnd tDai mere Wt1
difference In the plaaterlnS behind
q drapariss tG nny other part.
D. Mr.. Hayes offered 10 evidence mo-
gage given to Johu johnson on 9
building, and then said he would r.
+, his case.
Daniel 0. c. knnney was recalled
ue rebuttal, to show that the 81, 100 was
the general account, but upon Mr.. la.
objecting, he was Withdrawn.
Elwood souder was recalled aud tel
fed that he heard Mr.. Buck say that
had made satisfactory arrangements
- mccartney & KenLey to furnish
~ goods. This conversation toos pl
y previous to December 4th, 1885.
III Mr.. Vandegrift said that he was Will
to submit the case without argume
od but as Mr.. Hayes objected, he opened
sun ming up at 4.5O O'Clock. lie
DIS, sented a humber Of law points TO
tie Court, and had not concluded 81
O'Clock when recess was taken, and
no case will not be resumed until Nom
morning